misrepresentation

[gsforless]

Does anyone know of a good site where I can check to see if I have any legal recourse on a trade deal,where the item was grossly misrepresented?I'm sure laws differ,if only slightly,from state to state.I'm in Ky.

Thanks guys,
Glen

[Harbone]

was it done from the RJ site? give details and maybe talk to scorpion110, he's the master of all the legal stuff.

[gsforless]

Well,yes and no.I believe the initial contact was through another site,but the item in question was also listed on RJ,and most all communication was through RJ.
Here are a few details without mentioning names(at least for now).

I made first contact on the deal.What was advertised and described to me was a one race since freshened 383 Chevy engine with a steel crank and forged pistons,which is basically what I had my Blazer advertised to trade for.
We traded,his engine for my Blazer,on May 1st.He delivered the engine/picked up the Blazer.We didn't pull the pan or anything on the engine at that time.He was in a hurry to get back home,the engine was supposed to be fresh,it was nice and clean,all sealed up,looked to have no leaks,he seemed like a stand up guy,etc,etc,so I saw no immediate need to look inside the engine.
Yesterday,May 11,I finally got around to pulling the pan on the engine(mostly due to my work schedule).When I took the pan off,the engine had a cast 350 crank(casting # 3932442),and it looks to have cast pistons(hard to tell without taking them out,so that part is still in question).Also there was a very strong gas smell to the inside of the oil pan.I suspect there has been some sort of carb problem,and excessive gas has been put into the oil at some point.I have yet to pull any bearing caps off(awaiting his intentions),but I do expect to find damage or wear to the crank/bearings.
When I confronted him with my findings,his response was"I'm sorry if the engine is only a 350,I was told it was a 383,I don't know what else to tell you".
He did not describe the engine to me as"I was told it was a 383,I was told it has a steel crank/forged pistons,I was told it is fresh".He said that the engine IS all the above.He said he pulled it from a drag car,had it freshened,put it in a round track car,ran it one time,traded it to me.
I should also add that he then asks me if I knew the Blazer I traded him had the rear main seal out.I told him I did not know the cause,but I had put a few quarts of oil in the Blazer in the few months I had driven it,and that I thought it was normal and to be expected for a vehicle with 200K on
it.The fact is,the Blazer was in no way,shape or form misrepresented to him.Plenty of pics were sent to him,a detailed description was given(and listed in my ad),every question he had concerning the Blazer was answered accurately and honestly.The engine,on the other hand,was grossly misrepresented.Whether it was intentional or not,it was on him to make sure the engine was,in fact,what he was advertising it to be.
I did offer to trade back with him.It seemed like a legitimate offer,since we both seem to be unsatisfied.I also told him he could buy the engine back for what he had it listed for-$2,000( the same price I had on the Blazer),if he wanted,and I also told him I would accept a good 383 rotating assembly to make the engine what he traded me-that'd still leave me with the machine shop bill.More than fair!
I do feel like he needs to make it right,and he says he don't know what to do,so I guess we'll see.

Sorry this was so long guys,but hopefully I have left no loose ends on the story.

Glen

[bigray]

i got to mad to read the rest of this..THAT SAME OLD SHIT..OHH I WAS TOLD IT HAD THIS AND THAT..THAT IS A BUNCH OF CRAP...HE KNEW HE WAS SELLING YOU A PIECE OF SHIT...let me back up..not shit,,just not what he said it was..

[THERATTLER]

:( SEEMS LIKE THIS SUBJECT COMES UP ALOT :( IT'S A SHAME YOU CAN'T TAKE ANOTHER MAN'S WORD FOR SOMETHING ANYMORE , '' BUT YOU CAN'T'' :!: :!: :!: HE SHOULD HAVE SAID THAT HE WAS TOLD WHAT WAS IN THE MOTOR BUT DIDN'T KNOW IT FOR A FACT (IF THATS THE CASE)..PERSONALLY I WOULD NOT BUY OR TRADE FOR A MOTOR THATS ALL TOGETHER WITHOUT AT LEAST DROPPING THE PAN , THERE IS A REASON THEY ARE ALWAYS IN A HURRY TO LEAVE , IF HE WAS IN THAT BIG A HURRY TO GO , HE COULD TAKE IT WITH HIM, PERIOD . GOOD LUCK

[Tod74]

As far as the gas smell....well that's part of it. He may not have known and that doesn't mean it wasn't fresh.
As far as the crank being a 350 well that stinks. Is it a 400 block or a 350 block? I think a .060 over 400 block with a 350 crank still gives you a 383...It is a shame you can't trust a mans word but truth is most times you cannot ....I'm sorry to be blunt but I have a hard time feeling sorry for you if you did not pull the pan and look before you traded...especially since you were gona pull it and check it out anyway(proven by the fact that you pulled the pan at a later time) Don't play russian roulette then complain when you shoot yourself in the head.

I realize you were not asking for sympathy with this post so don't take that comment wrong.

[gsforless]

Not a problem,Todd.I appreciate your guys' input.I'm certainly not asking for anyone's sympathy.The fact was,he was leaving my house whether I pulled the pan or not,and that he out and out lied about it.IF he hadn't stated that HE had it freshened,it'd be easier to take.He specifically told me it was a forged 383,and the gas smell in the pan,well,I haven't tried it yet,but I'm sure there's enough gas in the oil that it'll light with a match.I'm just putting it out there for future reference.I know all this info means nothing for you guys and potential deals without a name,and I'll put it out there when the time's right.I'm sure I'll be forced to do so,as he says he's unsatisfied(with a vehicle that has 200K on it!),as well,and is unwilling to own up to the engine.

Glen

[gsforless]

:( SEEMS LIKE THIS SUBJECT COMES UP ALOT :( IT'S A SHAME YOU CAN'T TAKE ANOTHER MAN'S WORD FOR SOMETHING ANYMORE , '' BUT YOU CAN'T'' :!: :!: :!: HE SHOULD HAVE SAID THAT HE WAS TOLD WHAT WAS IN THE MOTOR BUT DIDN'T KNOW IT FOR A FACT (IF THATS THE CASE)..PERSONALLY I WOULD NOT BUY OR TRADE FOR A MOTOR THATS ALL TOGETHER WITHOUT AT LEAST DROPPING THE PAN , THERE IS A REASON THEY ARE ALWAYS IN A HURRY TO LEAVE , IF HE WAS IN THAT BIG A HURRY TO GO , HE COULD TAKE IT WITH HIM, PERIOD . GOOD LUCK

Yeah,it's the same old song and dance..LOL.I'm not gonna drag this one out for weeks on end.It's a done deal,I'm sure.Just making everyone aware.Sometimes it's worth it just for public awareness sake,ya know?!

Glen

[Tod74]

Please don't take my previous comment as defending him...he screwed you sounds like...I only meant, you must always look out for number one and protect yourself any way possible...knowledge is power, trust No One.

[THERATTLER]

same here , glen , as far as your question about a site about misrepresntation ( :oops: i know that ain't spelled right?) I don't know of any..I think there are a few on here that do , they will catch it sooner or later and respond to you,,,Paul

[robinhorn]

Dealing with this in a legal manner is not going to happen. The reason is it was used on both sides and yeah he said it was this but at the time the transaction took place you had rights to inspect it and you took the option not to. I only question the fact the balancer and flywheel should have been a dead giveaway if it was a 383 / 350 block Ect.

What this guy did was wrong 100% and is not a man of his word. I would never deal with someone I did not know without seeing it with my own eyes.

I am a fraud investigator by day... wish I had better news.

The one and only option you have is to sue in small claims court and hope to win a judgement against him. This was it cost you $50-$100.00 to file and the best part no attorney on either side.

[gsforless]

Dealing with this in a legal manner is not going to happen. The reason is it was used on both sides and yeah he said it was this but at the time the transaction took place you had rights to inspect it and you took the option not to. I only question the fact the balancer and flywheel should have been a dead giveaway if it was a 383 / 350 block Ect.

What this guy did was wrong 100% and is not a man of his word. I would never deal with someone I did not know without seeing it with my own eyes.

I am a fraud investigator by day... wish I had better news.

The one and only option you have is to sue in small claims court and hope to win a judgement against him. This was it cost you $50-$100.00 to file and the best part no attorney on either side.

Yeah,I was thinking the same thing-both being used kinda puts a kink in things.Appreciate it,though.
As far as the balancer(didn't have a flywheel on it),he said steel crank,which usually means internal balance,even on a 400 type crank.
I've decided to let it rest anyway.Trust me,the engine is gonna make an EXCELLENT conversation piece in the weeks to come. :lol:
And as promised,his RJ name-critty396ss.May as well add it to the running list of deadbeat scammers,but please add a side note that he"is sorry that I'm not happy". :roll:

Thanks guys,

Glen

Oh yeah,almost forgot...Tod,man you could never offend me with what you post here.You're opinion is always welcome and appreciated.

[MEMRACING62]

HE HAS AN ADD FOR AN 80 MALIBU FOR SALE , HAS BEEN FOR SALE FOREVER.HE IS SELLING AS ROLLER NOW AND A 355 MOTOR HE SAYS IS MACHINE SHOP FRESH.

[gsforless]

Yeah,that's him-looks a lot like my car.Like I said,I've decided it's just easier to keep the engine...and talk about it...a LOT! :wink:

[MEMRACING62]

HE JUST LISTED 96 BLAZER AND DOESN'T MENTION A OIL LEAK :?:

[cepx111]

Yeah,that's him-looks a lot like my car.Like I said,I've decided it's just easier to keep the engine...and talk about it...a LOT! :wink:
That guy is full of it, he knew it wasn't a 383 if he had it freshed.

His B/S was just a selling line to get a trade for something of more value.
I hope he owns up dude but I'm betting he won't.

Just for the record -200,000 miles and rear main leaks don't go together, I have over 255,000 on my 95 suburban. It does use a little between oil changes (about a quart) but it has no leaks, its all about the maintenance.
Thought I'd throw that in there just for the hell of it.

Cp

[gsforless]

Well,he said it leaked a quart onto his trailer during the 2 to 2 1/2 hour trip back home,which is all but impossible.A small leak will pool and run and look like it's a huge amount.If it leaked while sitting on the trailer,it definately didn't leak through the rear main,unless he left it running the whole time,the rear main needs oil pressure applied to it to leak,generally speaking.Really,the whole point of the matter is,I didn't tell him the Blazer did or did not use a little oil.He didn't ask,and I honestly didn't give it a thought,as that's exactly what it did-it used a LITTLE oil,and has 200K miles,what's the problem?I MIGHT have put 3 quarts of oil in the Blazer in the approximately 3 months I drove it.I'm guessing it leaked a small amount onto his trailer,he saw it and got mad and blew it all out of proportion,or just thought it looked like a lot more than it really was.Either way,he's still a damn liar!! :D

Glen

[MEMRACING62]

IF IT DOES HAVE A LEAK THERE IT WILL BE THE O RINGS AT THE COOLER/FILTER ADAPTER. VERY COMMON PROBLEM, EAZY FIX.

[gsforless]

IF IT DOES HAVE A LEAK THERE IT WILL BE THE O RINGS AT THE COOLER/FILTER ADAPTER. VERY COMMON PROBLEM, EAZY FIX.

Yeah,I know.I had a very reputable local mechanic pull the engine and put all new freeze plugs in it just before I started driving it.If he thought it'd need a seal anytime soon,he'd have put one in it.The fact is,the clown I traded the little Blazer to didn't have one complaint with it until I confronted him with my findings on the engine he "let me have"!I'm still half tempted to take him to small claims court.I don't think a court system in the country would consider him in the right.I offered to trade back,I offered to sell him the engine back for what he had it priced for,I offered to settle for a 383 rotating assembly and pay for the machine work myself.The most he offered was to trade back if I wanted to bring him the engine.He wants me to be out because he lied! :roll: Whether I take it to court or not,he'll get his right here.The entire RJ community checks in here from time to time,and that's really what this is about-preventing a repeat on someone else.

Later guys,
Glen

[cepx111]

IF IT DOES HAVE A LEAK THERE IT WILL BE THE O RINGS AT THE COOLER/FILTER ADAPTER. VERY COMMON PROBLEM, EAZY FIX. not on a 4x4, only easy if you got a lift and your a contorsionist...lol

Had my buddies shop do mine, 50 cent part - $50 labor.

[gsforless]

I see critty396ss no longer has the Blazer advertised.I wonder if he told the buyer about the "oil leak"? :roll:

[gsforless]

Just wanted to bump this info back to the top,especially since I "advertised" the engine in the classifieds,and told anyone reading it to just ask critty396ss if they didn't believe a 350 WITH a 350 crank was STILL considered a 383!! LOL 8)

[gsforless]

Just keeping this on top so hopefully more and more will see it.

Thanks guys,
Glen